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“The balancing act to provide quality care, reduce cost and create better access to care all under an umbrella of regulatory compliance can be a huge challenge to any healthcare entity. As an accountable healthcare provider, we have to have solutions that help turn those challenges into opportunities for improvement. Rabbittrax has been one of those solutions that has provided tremendous opportunity for improvement in our practice! Rabbittrax has helped us become more efficient so that we can focus more of our time and effort on what matters most, which is the patient!”
Shawn Menke, Genstler Eye Center
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Select1 Solution Inc. Service Agreement
Select1 Solution Inc. Service Agreement
Please read the S1S Software as a Service Agreement (This “Agreement”) carefully before registering. By clicking the button “I Accept” or by accepting this agreement through any other means you agree to follow and be bound by the terms and conditions of this agreement. If you are entering this agreement on behalf of another, or any legal entity you are making a representation that you have the authority to bind the person, or entitity to this agreement. If you do not have the authority or if you do not agree to all terms and conditions then select the “I Decline” button. If you select the “I Decline” button or choose to not accept these terms via any other means then access to our services will not be allowed.
- Agreement Definitions
“You” and “your” refers to the individual or entity that is requesting to use the software as a service from Select 1 Solution Inc. (“S1S”). Software as a service consists of system administration, system management, and system monitoring activities that S1S performs for S1S programs, and includes the right to use the S1S programs, support services for such S1S programs, as well as any other services provided by S1S. “Offer“ refers to the payment terms and conditions that are described in and on the website www.rabbittrax.net and or any payment and term addendum or amendment executed by both S1S and you before the software as a service access is granted. “Fee” includes the monthly fee payable by you that is in the Offer or any executed addendum or amendment by You and S1S.
- Applicability of Agreement
This software as a service agreement is valid once login is verified and usage of the service occurs.
- Rights Granted
Upon S1S granting access to our services given to you, you have a nonexclusive, non-assignable right to use our services solely for your internal business operations. You may also allow all users of the system the same rights and you agree that you will hold them to the compliance within this agreement. You acknowledge that S1S will not ship nor deliver copies of the programs as a part of the service. Upon the end of the agreement the right to access the services shall terminate.
S1S provides temporary credentials granting limited access to our services and software for free for 30 consecutive days (“Trial”). During this Trial You will have access to the software for evaluation purposes. At S1S’s discretion, S1S may provide services or support. Following the 30 day Trial S1S will disable the software unless You have entered into a payable agreement with S1S. S1S shall not be liable for any loss of data due to S1S disabling the software.
Following the Trial You may choose to continue with a payable version of the software by completing our paid version form, (“PVF”) which will be sent via email. You may also continue with a payable version of the software by contacting us directly and S1S will forward You the PVF to complete and submit to S1S.
The term of the services and any renewal years are collectively defined as the “services term.” Upon completing the PVF You agree to enter into S1S’s Services Term which will consist of a12 month contract beginning the day access is granted, following the submission and completed PVF.
Upon the expiration of the initial Services Term, and each extension of the Services Term, this agreement shall automatically renew and the Services Term shall be extended for an additional period equal to the initial Services Term, upon the same terms and conditions contained herein except that the Fees and Taxes shall be at the then applicable rates established in the pricing table of the www.rabbittrax.net website and/or mutually agreed upon through an addendum or amendment to this agreement and executed by you and S1S. If you do not want the term of this agreement to renew, you must give S1S written notice of non-renewal not less than 60 days prior to the renewal date.
- Ownership and Restrictions
S1S retains all ownership and property rights to anything developed under this agreement. You will retain all ownership and intellectual property rights in and to your data. Any technology created by you or a third party utilized in conjunction with the S1S programs will be governed by the third party license agreement and will not be supported or protected by S1S and covered within this agreement.
You may not:
- alter or change any marks or notices of S1S’s licensors’ proprietary rights
- make the services available, licesne or sell to anyone outside your organization without prior written authorization from S1S.
- alter, change, disassemble, reverse engineer any part of the services provided and or support or assist a 3rd party in building or supporting any product or service that would deem competitive to S1S’s services within this agreement.
The rights you posses under the agreement also have the following conditions:
- the services provided for (“named users”) can not be shared or duplicated and are only approved and authorized for the specific “named users”
- you and or your represented company will make every effort to prevent any unauthorized usage or access of S1S products and services.
Both parties will have access to information that is confidential to one another (“confidential information”). We agree to only disclose information that is required for the performance of the agreement. Confidential information shall be limited to the terms and pricing under the agreement, our data residing in the environment, and all information clearly identified as confidential. Confidential information shall not include anything that is already public or becomes public by the party which owns the information. We both agree to hold each other’s confidential information in confidence for a period of 2 years following the termination of the agreement. All data residing in the services environment shall stay confidential indefinitely.
You indemnify S1S against all claims, costs, damage and losses that arise from your breach of any of these terms or any obligation you have to S1S, including but not limited to any costs relating to the recovery of any Fees that are due but have not been paid by you.
- Support Services
Support services provided will consist of phone and email support.
You or your company will be entitled to one year of phone and email support available 24 hours per day 7 days per week, at no additional cost. At S1S’s discretion more support may be provided or offered. You will be entitled to maintenance upgrades and bug fixes at the discretion of S1S on an as needed basis.
- Fees and Taxes
You agree to pay for all services agreed upon in the offer. S1S will invoice monthly and You, your billing contact or your company is responsible in remitting payment within 10 days of the invoice date. Data storage and users are subject to the pricing grid in the offer and or any addendum or amendment to this agreement and executed by You and S1S. In the event you or your company surpasses the agreed upon limit in the offer or addendum or amendment you or your company are subject to payment adjustments as described in the offer addendum or amendment.
End of Agreement Services provided under this software as a service agreement shall be provided for the period defined in section 4 of this agreement unless earlier terminated in accordance with the agreement. The term of the services and any renewal years are collectively defined as the “services term.” At the end of the services term, all rights to access or use the services, including the S1S programs listed in the offer, shall end. If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate the applicable offer under which the breach occurred. If S1S ends the offer as specified in the preceding sentence, you must pay within 30 days all amounts which have accrued prior to such end, as well as all sums remaining unpaid for the services ordered under the agreement plus related taxes and expenses. If S1S ends the services under the Indemnification section, you must pay within 30 days all amounts remaining unpaid for services plus related taxes and expenses. The non breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if you are in default under the agreement, you may not use the services ordered.
In addition, S1S may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay S1S as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections 3, 5, or 11 of this software as a service agreement. S1S may terminate the services hereunder if any of the foregoing is not cured within 30 days after S1S’s initial notice thereof. Any suspension by S1S of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement. At your request, and for a period of up to 60 days after the termination of the applicable offer, S1S may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that S1S has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the offer. Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
United States and any other relevant local laws and regulations apply to the services provided and you agree to comply to all such laws and agree that no export, re-export directly or indirectly will occur in violation to any of the aforementioned laws and regulations.
- Force Majeure
Neither party shall be responsible for any failures or delays of services or performance if caused by an event or situation outside the control of either party. Both parties will make reasonable efforts to mitigate any effect caused by a force majeure event. If a force majeure event shall occur for more than 30 days then either party may terminate the agreement upon written notice.
- Your Data
- Services Tools
S1S may use scripts, software, and utilities (“tools”) to monitor and administer the services and to help S1S resolve any service request. These tools are subject to all the terms and limitations in this document and are provided by S1S on an “as is” basis and will not be supported or be offered any warranties associated with their use.
- Statistical Information
Any statistics that are related to the performance of the services S1S provides and is not in violation to any confidential information or include your company’s name. S1S will retain all intellectual rights in such information
S1S makes no warranties or guarantees that the services provided will meet you or your company’s requirement and that it is suitable to be used for any general purpose. S1S does not warrant that all services provided will be uninterrupted or performed error free.
- Limitation of Liability
S1S excludes all liability and responsibility to you, or any other person for any loss or damage resulting directly or indirectly from the use of, the reliance of the services provided. If you receive a loss or damage due to S1S’s negligence or failure to comply to the terms in this agreement will be limited to the fees paid by you within the previous 12 months.
- This agreement is governed by the laws of Kansas and both parties agree to submit any disputes arising from this agreement in the courts of Shawnee County Kansas.
- You may not assign, grant or transfer services or rights to any other party, entity or individual without the written consent of S1S
- No action arising from violations of this document except for actions due to non-payment or a break of S1S’s proprietary rights may be brought forth by either party more than 2 years after the violation has occurred.
- S1S may audit your use of the services. You agree to cooperate with S1S’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your use of the services in excess of your rights. If you do not pay, S1S can end your services and/or the agreement. You agree that S1S shall not be responsible for any of your costs incurred in cooperating with the audit.
- Customer Reference
S1S will be allowed to identify you as a customer of S1S and the services you use. S1S will be allowed to use your logo in any sales presentation and on our website or any other marketing materials and or press release. You will allow S1S to advertise and provide a customer profile for use by S1S on www.select1solution.com or www.rabbittrax.net for any promotional purpose.
Last updated: March 03, 2017
Select1 Solution Inc. (“us”, “we”, or “our”) operates the http://www.rabbittrax.net, http://www.rabbittraxpro.com website and the RabbitTrax mobile application (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”). We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services. We also at times will utilize this information for the purpose of marketing or training.
Select1 Solution Inc. also holds personal information on third party servers in the United States such as AWS. By entering personal information into our services you consent to that personal information being hosted on third party servers. These servers do not control and are not permitted to access or use your personal information, except for the limited purpose of storing the information.
We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
When you access the Service by or through a mobile device, this Log Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Do Not Track Disclosure
We support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
The service may allow you to transfer your data to and from other applications. Select1 Solution Inc. has no control over and takes no responsibility for the privacy practices of these applications.
Your information, including Personal Information, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
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